Kidney disease Board decisions

The Board determined that the veteran's death was not caused by improper care or an event not reasonably foreseeable at a VA facility, and denied DIC benefits under 38 U.S.C.A. § 1151 for the cause of the veteran's death as well as service connection for renal and kidney failure.

The veteran's conditions do not render him permanently bedridden or so helpless as to be in need of regular aid and attendance. He needs occasional assistance with activities such as travel following hemodialysis, but requires no assistance from devices or other people for ambulation.

The veteran received unauthorized medical care at St. Joseph's Hospital in Eureka, California for metastatic adenocarcinoma and other conditions. The VA determined that the services were necessary due to the severity of his condition and lack of available VA facilities.

The Board has denied the veteran's claims for service connection for renal failure status post transplant and hearing loss, finding that there is no evidence of a nexus between these conditions and his military service.

The VA determined that the veteran's service-connected pulmonary tuberculosis did not cause his death, and concluded that chronic renal failure was the primary cause of death. The Board found no evidence linking the cause of death to service.

The Board has granted service connection for hepatitis B and denied service connection for right renal cell carcinoma, finding the latter not to be related to exposure to Agent Orange during service.

The veteran's appeal is being remanded for additional development, including obtaining an audiological evaluation and a VA examination to determine the nature and etiology of his acne. A new VA examination is also needed to assess the severity of his service-connected kidney stones with hematuria.

The veteran's cause of death, chronic renal failure due to type-2 diabetes, was not caused by or related to his service-connected conditions. The Board found no evidence that the veteran's psychiatric disorder contributed substantially or materially to his death.

The veteran's right elbow epicondylitis is rated at 10 percent, but the claim for an increased rating remains denied.,Service connection was not granted for left elbow epicondylitis, fracture of left foot toes, and renal stones. The right hallux dermatophytosis claim requires further examination to determine its etiology.

The veteran's service connection claims for diabetes mellitus, hypertension, left kidney condition, thyroid condition including cyst, and asthma were denied as there is no competent medical evidence linking these conditions to his military service.

The veteran's claims for increased ratings were denied as the service-connected conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.

The veteran's claims for secondary service connection for peripheral neuropathy of the lower extremities, renal disease with coronary artery disease, congestive heart failure and hypertension, and sexual dysfunction were granted effective May 8, 2001. The Board finds no earlier effective date is warranted.,The veteran's claims for secondary service connection for peripheral neuropathy of the left and right lower extremities were granted effective May 8, 2001. The Board finds no earlier effective date is warranted.,The veteran's claims for secondary service connection for renal disease with coronary artery disease, congestive heart failure and hypertension, and sexual dysfunction were granted effective May 8, 2001. The Board finds no earlier effective date is warranted.,The veteran's claims for secondary service connection for sexual dysfunction were granted effective May 8, 2001. The Board finds no earlier effective date is warranted.

The veteran's death was not caused by VA hospital care, surgical or medical treatment. The Board found no evidence of negligence or fault on the part of VA in his care.

The Board has determined that the veteran's death is related to service-connected conditions, including hepatitis C and cirrhosis. The appellant is therefore granted service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance under 38 U.S.C.A. chapter 35.

The VA determined that the veteran's renal insufficiency does not warrant a compensable rating, as it did not meet the criteria for any of the applicable diagnostic codes.

The Board has determined that the veteran does not have a thoracic spine disorder or kidney disorder related to his active service, and thus denied the claims for service connection.

The veteran's appeal for an earlier effective date for service connection of renal disease was dismissed due to the death of the veteran.

The veteran's claim for service connection for a urinary disorder is being remanded due to insufficient examination and opinion regarding the nature of any diagnosed condition, its onset, and whether it is related to his active service.

The Board denied the appellant's claims for service connection for the cause of death and eligibility for Dependents' Educational Assistance benefits, finding no persuasive medical evidence linking the veteran's metastatic prostate cancer to his military service or radiation exposure.

The veteran's appeal of the July 2002 decision has been dismissed as he has withdrawn his appeals for these issues.